(r409) iym scmu rfq 29-12/13 - Intsika Yethu Municipality

19.1 The supplier shall not assign, in whole or in part, its obligations to perform under thecontract, except with the purchaser’s prior written consent.20. Subcontracts20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under thiscontract if not already specified in the bid. Such notification, in the original bid or later, shallnot relieve the supplier from any liability or obligation under the contract.21. Delays in the supplier’s performance21.1 Delivery of the goods and performance of services shall be made by the supplier inaccordance with the time schedule prescribed by the purchaser in the contract.21.2 If at any time during performance of the contract, the supplier or its subcontractor(s)should encounter conditions impeding timely delivery of the goods and performance ofservices, the supplier shall promptly notify the purchaser in writing of the fact of the delay, itslikely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice,the purchaser shall evaluate the situation and may at his discretion extend the supplier’s timefor performance, with or without the imposition of penalties, in which case the extension shallbe ratified by the parties by amendment of contract.21.3 The right is reserved to procure outside of the contract smallquantities or to have minor essential services executed if an emergency arises, the supplier’spoint of supply is not situated at or near the place where the goods are required, or thesupplier’s services are not readily available.GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT THE NATIONALTREASURY: Republic of South Africa 1121.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance ofits delivery obligations shall render the supplier liable to the imposition of penalties, pursuantto GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 22.2without the application of penalties.21.5 Upon any delay beyond the delivery period in the case of a goods contract, thepurchaser shall, without cancelling the contract, be entitled to purchase goods of a similarquality and up to the same quantity in substitution of the goods not supplied in conformitywith the contract and to return any goods delivered later at the supplier’s expense and risk,or to cancel the contract and buy such goods as may be required to complete the contractand without prejudice to his other rights, be entitled to claim damages from the supplier.22. Penalties22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or allof the goods or to perform the services within the period(s) specified in the contract, thepurchaser shall, without prejudice to its other remedies under the contract, deduct from thecontract price, as a penalty, a sum calculated on the delivered price of the delayed goods orunperformed services using the current prime interest rate calculated for each day of thedelay until actual delivery or performance. The purchaser may also consider termination ofthe contract pursuant to GCC Clause 23.